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SALT LAKE CITY — Accused killer Curtis Allgier took his fight to give the judge overseeing his case the boot to the Utah Supreme Court Monday.
Attorneys for the 32-year-old man — who is facing a charge of capital murder in the 2007 shooting of corrections officer Stephen Anderson — filed a similar petition in 3rd District Court Nov. 11. They cited a number of reasons for their request, including courtroom outbursts by Allgier and motions Allgier filed while unrepresented in which he called the judge "senile" and accused him of drug use.
"Prior to my appointment, Mr. Allgier made personal statements and attacks on Judge Maughan which may have jeopardized Judge Maughan's ability to remain unprejudiced and unbiased against Mr. Allgier," defense attorney Richard Gale wrote.
But presiding Judge Royal Hansen said in a decision Nov. 15 that Gale's motion "fails on its merits as it does not establish bias, prejudice or conflict of interest on the part of the honorable Paul G. Maughan."
Now, Gale is asking the Utah Supreme Court to determine whether Hansen "committed error" in not granting the motion and is asking for an immediate review of the decision. In the petition filed Monday, Gale quoted a standard set by the Utah Supreme Court that states: "a judge should recuse himself when his impartiality might reasonably be questioned."
Gale wrote that because Allgier could face the death penalty, "exacting standards" should be implemented in the case.
"Here, where trial has not yet taken place and a colorable claim exists as to whether Judge Maughan should recuse himself, it would be prudent for Judge Maughan to be recused," Gale wrote. "A new judge will not have the same information and past history with Allgier which will effect his ability to conduct a trial without bias or prejudice or the appearance of it."
Allgier is accused of killing Anderson during a hospital visit in June 2007. Allgier was taken into custody by police following a lengthy chase, which led to a number of additional felony charges. A trial has been set in the matter for June 2012.
Email:emorgan@ksl.com
